Posted on 09/09/2015 8:11:21 PM PDT by nickcarraway
Kim Davis walked out to Survivor’s “Eye of the Tiger” when she was released from jail Tuesday.
A judge ruled that Davis should be released from jail as long as she doesn’t interfere with the licenses that her deputies have been granting.
However, she infringed upon Survivor’s rights when she played the 1982 rock classic as she walked on stage to give a speech.
Record label EMI has considered suing Davis, as well as her supporter Mike Huckabee, for publicly playing the song without permission.
“They are well within their rights to hold a public rally in support of Kim Davis, or anyone else for that matter,” intellectual property attorney Paul W. Steiner. “Where they broke the law was when they played that song by Survivor without the permission of the rights holder.”
Steiner says that often times, record labels and musicians will turn the other cheek when their songs are publicly played without authorization.
“Though, in this case, I believe that EMI does not want their song associated with someone like Kim Davis, or Mike Huckabee for that matter, and will most likely seek full damages for this incident.”
“The song has motivated thousands through the years to reach beyond their limits. Its use for the release of Kim Davis does not support my views or my politics. I have contacted my publishers to make sure this usage is stopped immediately,” Survivor’s founder Jim Peterik told Billboard.com.
Frankie Sullivan, who co-wrote the song with Peterik for Rocky III, took to his Facebook page to express his dismay at Davis’s use of their song.
“We did not grant Kim Davis any rights to use ‘My Tune -The Eye Of The Tiger.’ I would not grant her the rights to use Charmin!”
And for the most part, there are only two such agencies: The American Society of Composers, Artists, and Producers (ASCAP) and Broadcast Music, Inc. (BMI). Virtually every song is held by one or the other.
ASCAP, BTW, has a very nice building in Midtown Manhattan.
Interesting theory, but you might want to educate yourself on the actual copyright law and public performance licenses. ASCAPs website would be a good starting point.
Actually that’s not 100% true about Hynde.
When he first started using the song, she was asked about it, and said, (paraphrase) She wasn’t a fan of Rush, and wasn’t real happy about it, but her parents were, and as long as he was paying ASCAP for the rights, she wasn’t going to interfere with it.
“Well Steve, this was our event,” Huckabee told NewsMaxTV’s Steve Malzberg Show. “My team put it together. We’re the ones who recruited the people not only to be on the program, but we’re the ones who coordinated the effort. We’re the ones who secured the permits, the staging.”
So they are claiming that they can discriminate against who can use their song. They aren’t even being asked to perform it publicly themselves, not like a wedding photographer who can’t turn down a gig.
“Record label EMI has considered suing Davis, as well as her supporter Mike Huckabee”
So.... When the punks and fools drive down the street with their 1000 watt car stereos shaking the windows out of the other cars they pass on the road and buildings and they pass by.... Are they going to be sued by the music companies for unauthorized public playing of ‘music’?
One of the most horrid songs of all time anyhow.
Yet, these writers are simply looking for their 15 minutes.
ASSHAT I mean ASCAP demands that all people pay forkloads of money quarterly to them because you MAY just happen to play some song that they collect royalties on. Of course they don’t actually pay out those collected monies to all of the artists you have played even if they are covered by ASCAP.
It’s a shakedown racket that works on the protection method, if you are paid up, they won’t come waving a lawsuit.
Seems they go for the single infraction now. If you have a public PA, you are on notice you’d better be a paid subscriber to ASCAP and BMI.
Wasn’t this was 25-30 years ago and the laws have not changed.
-PJ
[[“Where they broke the law was when they played that song by Survivor without the permission of the rights holder.” ]]
Hmmm, perhaps Huckabee will get to take her place in jail after all
[[So they are claiming that they can discriminate against who can use their song]]
Yep- but kim can’t ‘discriminate’ against gay people wanting to get married- funny how this discrimination issue is all one sided-
[[They aren’t even being asked to perform it publicly themselves, not like a wedding photographer who can’t turn down a gig]]
Kim should sue them for emotional damage and discrimination for NOT personally playing the song at her release- like the lesbians did to the baker-
They are want the publicity. Another 20 seconds of limelight.
Additionally, Rush supported PETA in their lawsuit against the EPA. Hynde donates the money Rush pays to use her song as his bumper music to PETA.
Don’t you love it? I do LOL
Another Rino got punked =)
That rally was all Huckster and Ted is home free =)
LOL are these morons for real..its a SONG..you don’t have to ask permission to play a song its a free country..sorry liberal loons but its still a free country
Their lame, corny little song has made Survivor a boatload of money over the past 30-something years, and not by giving it away for free.
It is their signature tune, and has been used in countless films, commercials, TV programming and sporting events.
I wish I had a songwriting credit on Eye of the Tiger. My kids' college educations would be paid for, and probably my grandkids as well.
{giggles}
ROFM OMG MY RIBS! Thank you for the laugh. Your right he did say something to that effect he would take her place in jail. ROFL
You know they are washed up when you see how little Facebook followers they have:
Frankie Sullivan: 2,670 likes
Jim Peteriks: 9,378 likes
For comparison purposes, we have Debbie Gibson (80s singer) - 275,728 likes
I guess Survivor relevancy is limited to your local fairgrounds.
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